Does the house bought after marriage belong to the joint property of the husband and wife?

Buying a house after marriage does not necessarily belong to the joint property of the husband and wife.

Precautions for buying a house after marriage:

1. Both parties are present in person.

In the process of buying a house, there are many signing processes involved, such as signing the sales contract, applying for a mortgage, and transferring the transaction, which requires the presence of both husband and wife at the same time. In addition, when going through the transfer procedures, in principle, it is required to be present at the same time, because according to the provisions of the Property Law, whether the property purchased jointly by the husband and wife is jointly owned or jointly owned by shares, needs to be reflected in the sales contract, and then stated on the real estate certificate, so both parties need to be present to sign and confirm. However, if you are unable to be present, you must also go through the procedures for notarization and collection of entrustment, and explain the relevant matters clearly.

2. Document preparation is the key.

When the husband and wife apply for a mortgage together, they need to provide proof of income of both husband and wife, and if they are non-local residents, they also need to provide proof of continuous local tax payment or social insurance payment (the specific number of years is subject to local policy), otherwise it will be treated as a non-local resident loan policy.

3. The main loan and the subprime loan are particular.

When the husband and wife repay the loan jointly, when determining the main lender and the secondary lender, it must be determined according to the actual situation. In general, in a bank housing loan contract, only one party is regarded as the "lender" (often referred to as the main lender), and the other party can be the "co-lender" regardless of whether the names of both parties are written on the title deed. When determining the main lender, you should choose the one with a higher and more stable income between the husband and wife, and pay attention to the age limit, otherwise the loan term will be affected.

4. The share is determined in advance.

According to the Marriage Law, "the property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife, unless otherwise agreed by the parties." "Therefore, in the process of buying a house together, even if the name of the other party does not appear on the title deed, it does not affect their ownership of the house.

It stands to reason that it should be counted·· Unless there are special circumstances and agreements. ·· For example, if you buy a house, if one of the parents mainly invests and there is evidence, then the share of the property may also be counted as the parent who contributed to the house.

Marriage. Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

Community property refers to the property acquired by the spouses during the marriage.

According to Article 17 of the Marriage Law of the People's Republic of China and the provisions of Interpretation II of the Marriage Law, the joint property of husband and wife mainly includes:

1.salaries, bonuses;

2.income from production and operation;

3.proceeds from intellectual property rights;

4.Property derived from inheritance or gift, but excluding gifts or inheritances that are expressly attributable to one of the spouses only;

If the income from the investment is obtained during the existence of the marital relationship, the profits derived from the operation of the company or enterprise, such as equity dividends, shall be recognized as the joint property of the husband and wife. One party rents out personal property. Rent earned during the existence of the marital relationship is generally recognized as joint ownership.

Miscellaneous. In practice, the court generally determines whether the post-marital income of various forms of personal property is based on the self-appreciation of the property or the joint acts of the husband and wife, according to the actual circumstances of the case.

6.Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

7.The pension insurance money and bankruptcy settlement compensation that both husband and wife actually obtain or should obtain. The above-mentioned property is the legally-prescribed joint property of husband and wife, and where there is no special agreement at the time of divorce, it shall be divided in accordance with law.

It can be seen that it belongs to the joint property of the husband and wife, and it is landed.

Legal analysis. For the problem description, you can analyze it as follows:

If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses. Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.

Recommendations for action. This section is not appropriate for your question.

Relevant laws and regulations.

Marriage Law of the People's Republic of China

1. Does the new marriage law mean that a husband and wife buy a house after marriage is joint property? Definition of joint property The new marriage law does buying a house after marriage belong to joint property, and there are many prerequisites, if you are jointly paying the down payment for buying a house, and jointly paying the mortgage and other matters, of course, it should be counted as joint property of husband and wife, and the scope of joint property is limited to the property obtained after marriage. The so-called "post-marital income" refers to the acquisition of property rights during the existence of the marital relationship.

That is, from the date on which the marriage becomes effective until the death of one of the spouses or the divorce takes effect. Not all marital property is community property. Where the property acquired after marriage is owned by one party in accordance with the provisions of article 18 of the Marriage Law or as agreed by the husband and wife, it shall be the personal property of one party.

Article 17, Paragraph 4 and Article 18, Paragraph 3 of the New Marriage Law divide the property acquired by one of the spouses after marriage into two situations: if the property of the husband or wife is determined in the bequest or addition contract to belong to only one of the husband or wife, it is the personal property of the husband or wife who accepts the gift; Otherwise, the property received by one of the spouses after the marriage received a gift or bequest is still the joint property of the husband and wife. But there are often many other factors, such as the fact that the payer is both parents

2. Buying a house after marriage with only one person's name If the husband and wife do not have an express agreement on the house purchased during the marriage, only the name of one of them should be written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife. 3. Parents pay for the purchase of a house: If the real estate purchased by both parents is registered in the name of one of the children, the real estate may be deemed to be jointly owned by both parties according to the share of their parents' contributions, unless otherwise agreed by the parties.

If both parents jointly pay the money and the loan is repaid by the younger couple, the name of the younger couple is written on the real estate certificate, which is the husband and wife jointly raise the property. Even if one of the parents pays for the repayment of the loan, as long as the names of the young couple are written on the real estate certificate, it is also the joint property of the husband and wife. Fourth, the parents pay to buy a house:

Unilateral Parents unilaterally pay for the purchase of a house, is it joint property to buy a house after marriage? The judicial interpretation of the Marriage Law stipulates that if the property rights of the immovable property purchased by one of the parents for the children of one of the parents for the children of the investor are registered in the name of the children of the investor, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses. According to the relevant provisions of the new marriage law on the ownership of real estate, we must first understand the definition of the so-called "joint property", and then we need to follow the actual ownership registration of the real estate, that is, the name of the owner on the house book, the actual payer of the house price law, and the intention of the payer to buy the house, whether it includes gifts, etc.

To sum up, the need to buy a house before marriage needs to be determined according to the actual payment situation, for the first answer to buy a house after marriage, if it is a joint repayment of the loan, it belongs to both parties, if it is a parent to buy, it needs to be a different matter, to judge the ownership of the property, mainly need to refer to who paid for the house, who is the name on the real estate certificate, etc., mainly based on these to decide.

Legal analysis: 1. If the house purchased during the marriage of the husband and wife is not expressly agreed upon, only the name of one of the people is written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife; 2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.

The house bought is jointly owned by the husband and wife, and at the time of divorce, one party wants to have the right to use the house, and the appraisal unit will evaluate it, and then distribute it to the other party; If both parties want to own the house, both parties will make a bid; If neither party wants the house, the people's court will auction it and then distribute it.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production and operation and investment; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; 5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Legal analysis: The purchase of a house after marriage belongs to the joint property of the husband and wife, unless there is an agreement to belong to the individual. The law stipulates that the spouses may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly.

Therefore, the parties can agree on the ownership of the property, and if there is no agreement, the court will make a judgment. The specific ownership of the property also depends on the actual situation.

Legal basis: Civil Code of the People's Republic of China

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Legal analysis: If the house purchased during the marriage of the husband and wife does not have a clear agreement, only the name of one of them is written on the real estate certificate, and it should be recognized as the joint property of the husband and wife; Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties. If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it shall be regarded as a gift to only one of the children, and the immovable property shall be recognized as the personal property of one of the spouses.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; 5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.